Reinhard T. Jacob, @Praisemon vs State Of Kerala

Bechu Kurian Thomas, J

This is an application for regular bail filed under Section 439 of the Code of Criminal Procedure, 1973.

Petitioner is the 6th accused in Crime No. 14/2023 of Thrissur West Police Station, Thrissur, alleging offences punishable under Sections 406 and 420 r/w 34 of the Indian Penal Code 1860.

According to the prosecution, accused 1 to 7, in furtherance of their common intention, induced the defacto complainant to part with an amount of Rs. 85 Lakhs for arranging a MBBS seat for defacto complainant’s son at Christian Medical College, Vellore and failed to provide the seat as promised and thereby committed the offences alleged.

Sri. Kishore.D, the learned counsel for the petitioner contended that the entire prosecution allegations are false and the petitioner is totally innocent. It was further submitted that the petitioner is also one of the persons who was cheated by the other accused and that he had no role of any nature in the alleged crime. It was also submitted that petitioner was arrested on 20.05.2023 and has been in custody since then.

Smt. Neema.T.V, the learned Public Prosecutor, opposed the application and submitted that the petitioner has explicit involvement in the crime and considering the seriousness of the allegations, petitioner ought not be released on bail.

I have considered the rival contentions.

The petitioner is a young person of 23 years in age who claims that he was also cheated. Notwithstanding the aforesaid contention, taking into reckoning the period of detention already undergone from 20.05.2023, I am of the view that the petitioner can be released on bail on strict conditions.

Accordingly, this application is allowed and the petitioner is released on bail on the following conditions:-

(a) Petitioner shall be released on bail on him executing a bond for Rs.50,000/- (Rupees Fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the court having jurisdiction.

(b) Petitioner shall co-operate with the trial of the case.

(c) Petitioner shall not intimidate or attempt to influence the witnesses; nor shall he attempt to tamper with the evidence.

(d) Petitioner shall not commit any similar offences while he is on bail.

(e) Petitioner shall not leave the country without the permission of the jurisdictional Court.

In case of violation of any of the above conditions, the jurisdictional Court shall be empowered to consider the application for cancellation, if any, and pass appropriate orders in accordance with the law, notwithstanding the bail having been granted by this Court.